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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Xspedius Communications LLC, )
)
Complainant, )
)
v. ) File No. EB-03-MD-017
)
Verizon Florida Inc. and )
Verizon Maryland Inc., )
)
Defendants. )
ORDER
Adopted: January 11, 2005 Released: January
12, 2005
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On October 23, 2003, Xspedius Communications,
LLC (``Xspedius'') filed a formal complaint1 against Verizon
Florida Inc. and Verizon Maryland Inc. (collectively,
``Verizon'') pursuant to section 208 of the Communications
Act of 1934, as amended (``Act'').2 In its Complaint,
Xspedius alleged, inter alia, that Verizon violated section
201(b) of the Act by refusing to pay Xspedius reciprocal
compensation for the termination of traffic bound for
internet service providers.3
2. On January 7, 2005, Xspedius and Verizon
filed a Joint Motion requesting that the Complaint be
dismissed with prejudice.4 Xspedius and Verizon state in
the Joint Motion that they have reached a mutually-
acceptable resolution of their dispute.5
3. We are satisfied that dismissing the
Complaint with prejudice will serve the public interest by
promoting the private resolution of disputes and by
eliminating the need for further litigation and the
expenditure of further time and resources of the parties and
this Commission.
4. Accordingly, IT IS ORDERED, pursuant to
sections 4(i), 4(j), and 208 of the Communications Act of
1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208,
sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§
1.720-1.736, and the authority delegated in section 0.111
and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and
0.311, that the Joint Motion IS GRANTED, that the Complaint
IS DISMISSED WITH PREJUDICE, and that this proceeding IS
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief,
Market Disputes Resolution Division
Enforcement Bureau
_________________________
11 Formal Complaint, File No. EB-03-MD-017 (filed Oct.
23, 2003) (``Complaint'').
2 47 U.S.C. § 208.
3 Complaint at 11-12, ¶¶ 39-49 (citing 47 U.S.C. §
201(b)).
4 Motion to Dismiss with Prejudice, File No. EB-03-MD-
017 (filed Jan. 7, 2005) (``Joint Motion''). For three
months prior to seeking dismissal, the parties made several
joint requests seeking a stay of this proceeding to
facilitate ongoing settlement discussions. See, e.g.,
Letter from Brett H. Freedson, Kelley Drye & Warren LLP,
counsel to Xspedius, to Marlene Dortch, Secretary, FCC
(filed Oct. 20, 2004) (stating that both parties request a
stay); Letter from Brett H. Freedson, Kelley Drye & Warren
LLP, counsel to Xspedius, to Marlene Dortch, Secretary, FCC
(filed Nov. 30, 2004) (stating that both parties request an
additional stay); Letter from Brett H. Freedson, Kelley
Drye & Warren LLP, counsel to Xspedius, to Marlene Dortch,
Secretary, FCC (filed Dec. 10, 2004) (same).
5 Joint Motion at 2.